By Law Offices | Felicia Yates & Associates
California Vehicle Code (CVC) Section 23152(f) states as follows: "It is unlawful for a person who is under the influence of any drug to drive a vehicle." (emphasis added).
Driving under the influence of drugs - even prescription or over the counter (OTC) medicines like Benadryl & NyQuil - are considered a criminal act that is punishable under California's Vehicle Code. It does not matter that your impairment is due to a legally obtained drug or supplement, and they are being taken pursuant to a doctor's orders.
In 2018, of the drivers involved in fatal auto accidents who were tested, forty-two percent (42%) were found to have had a legal and/or illegal drug in their system - that percentage has continued to steadily climb over the years. This is why California and its law enforcement partners are so aggressive about enforcing DUI laws. Over the past decade, more and more Americans are taking prescription and OTC medicines. Many of the legal and illegal drugs can remain in a person's system and cause driving impairment, for as long as twenty-four (24) hours after being ingested. The California Commission on Peace Officer Standards & Training (POST) follows these key guidelines when it comes to marijuana (cannabis):
- Recreational use of cannabis in public is still illegal;
- Car searches for cannabis are still legal with specific articulable facts;
- Standardized Field Sobriety Tests still determine impairment;
- Cannabis chemicals are still dangerous to the environment and to people.
Since California's Adult Use of Marijuana Act was passed on November 8, 2016, marijuana consumption is now permitted by anyone 21 years of age or older at a private residence or a business licensed for on-site consumption. It is still not legal to smoke or be under the influence of marijuana while operating or riding in a motor vehicle. Studies show that marijuana slows a person's reaction time, impairs their judgment, and adversely affects their memory. The more THC (the active ingredient in marijuana) you have in your system, the more risks a person tends to take while driving a motor vehicle.
Combining any type of drug with alcohol, can take your impairment up to a whole new level altogether.
There are a number of legal defenses that can be argued should you find yourself on the wrong end of a driving under the influence of drugs (DUID) charge. First of all, the District Attorney's office will have to prove that you i) were actually driving a motor vehicle, ii) was under the influence of a drug while driving, and iii) your mental and physical abilities to operate the vehicle were impaired by a drug. For example, the fact that you were sitting behind the wheel of a parked car while under the influence of a drug - even if you had the engine running and an empty bottle of prescription pills were sitting in the cup holder next to you - is not enough probable cause to justify an arrest for DUID. Determining whether or not someone is under the influence of a drug is a very subjective issue. Marijuana chemical tests, for example, are not at all conclusive or reliable as to a person's level of impairment - these tests do not accurately determine when marijuana was used, and how much was used. Unlike alcohol, there is no "per se" legal limit for marijuana under California's statutes.
In most cases, a DUID is charged as a Misdemeanor offense with penalties that can range up to six (6) months in county jail, a fine as high as $1,000, and a driver's license suspension up to six (6) months. In the event an accident resulting in injury or death occurs as a result of the DUID, a defendant has three (3) or more prior DUI (or Wet Reckless) convictions within the last ten (10) years, or the defendant incurred any Felony conviction in the preceding ten (10) years, a DUID can be charged as a Felony offense. In that case, a defendant may be facing time in a California state prison facility and a protracted driver's license suspension of one year or more.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent DUI attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.
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